By King of Uvalde H.B. No. 743
77R372 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a school district to establish a
1-3 police officer reserve force.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 37, Education Code, is
1-6 amended by adding Section 37.0811 to read as follows:
1-7 Sec. 37.0811. SCHOOL DISTRICT POLICE OFFICER RESERVE FORCE.
1-8 (a) The board of trustees of a school district may establish a
1-9 police officer reserve force and authorize the chief of police of
1-10 the school district police department to appoint members to the
1-11 reserve force. The board of trustees may commission a member of
1-12 the reserve force as a peace officer under Article 2.12, Code of
1-13 Criminal Procedure.
1-14 (b) Subject to other applicable law, the board of trustees
1-15 of the school district shall establish qualifications and standards
1-16 of training for members of the reserve force.
1-17 (c) The superintendent of the school district or the chief
1-18 of police of the school district police department may call a
1-19 police officer reserve force into service at any time the
1-20 superintendent or chief of police considers it necessary to have
1-21 additional officers to protect school district property or the
1-22 safety and welfare of any person in the jurisdiction of the school
1-23 district police department.
1-24 (d) To the extent consistent with this section, a school
2-1 district reserve police officer who is a peace officer and who is
2-2 on active duty at the call of the superintendent of the school
2-3 district or the chief of police of the school district police
2-4 department and engaged in the actual discharge of official duties
2-5 has the same rights, privileges, and duties as any other peace
2-6 officer of the state.
2-7 (e) A school district reserve police officer may act only in
2-8 a supplementary capacity to regular school district peace officers.
2-9 The chief of police of the school district police department may
2-10 authorize a reserve officer who is a peace officer to carry a
2-11 weapon or act as a peace officer at all times, regardless of
2-12 whether the reserve officer is engaged in the actual discharge of
2-13 official duties, or may limit the authority of the reserve officer
2-14 to carry a weapon or act as a peace officer to only those times
2-15 during which the reserve officer is engaged in the actual discharge
2-16 of official duties. A reserve officer who is not a peace officer
2-17 may perform security services only during the actual discharge of
2-18 official duties. A reserve officer, regardless of whether the
2-19 reserve officer is a peace officer, is not:
2-20 (1) eligible for participation in any program provided
2-21 by the school district that is normally considered a financial
2-22 benefit of full-time employment or for any pension fund created by
2-23 statute for the benefit of full-time paid peace officers; or
2-24 (2) exempt from Chapter 1702, Occupations Code.
2-25 (f) A school district is not liable, because of the
2-26 appointment of a reserve police officer under this section, if the
2-27 reserve officer incurs personal injury while serving in an official
3-1 capacity.
3-2 SECTION 2. Section 1701.001(6), Occupations Code, is amended
3-3 to read as follows:
3-4 (6) "Reserve law enforcement officer" means a person
3-5 designated as a reserve law enforcement officer under Section
3-6 85.004, 86.012, or 341.012, Local Government Code, or Section
3-7 37.0811, Education Code.
3-8 SECTION 3. Article 2.12, Code of Criminal Procedure, as
3-9 amended by Chapters 90, 322, 882, and 974, Acts of the 76th
3-10 Legislature, Regular Session, 1999, is amended to read as follows:
3-11 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
3-12 officers:
3-13 (1) sheriffs, their deputies, and those reserve
3-14 deputies who hold a permanent peace officer license issued under
3-15 Chapter 1701, Occupations [415, Government] Code;
3-16 (2) constables, deputy constables, and those reserve
3-17 deputy constables who hold a permanent peace officer license issued
3-18 under Chapter 1701, Occupations [415, Government] Code;
3-19 (3) marshals or police officers of an incorporated
3-20 city, town, or village, and those reserve municipal police officers
3-21 who hold a permanent peace officer license issued under Chapter
3-22 1701, Occupations [415, Government] Code;
3-23 (4) rangers and officers commissioned by the Public
3-24 Safety Commission and the Director of the Department of Public
3-25 Safety;
3-26 (5) investigators of the district attorneys', criminal
3-27 district attorneys', and county attorneys' offices;
4-1 (6) law enforcement agents of the Texas Alcoholic
4-2 Beverage Commission;
4-3 (7) each member of an arson investigating unit
4-4 commissioned by a city, a county, or the state;
4-5 (8) officers commissioned under Section 37.081,
4-6 Education Code, or Subchapter E, Chapter 51, Education Code, or
4-7 reserve officers commissioned under Section 37.0811, Education
4-8 Code;
4-9 (9) officers commissioned by the General Services
4-10 Commission;
4-11 (10) law enforcement officers commissioned by the
4-12 Parks and Wildlife Commission;
4-13 (11) airport police officers commissioned by a city
4-14 with a population of more than one million, [according to the most
4-15 recent federal census,] that operates an airport that serves
4-16 commercial air carriers;
4-17 (12) airport security personnel commissioned as peace
4-18 officers by the governing body of any political subdivision of this
4-19 state, other than a city described by Subdivision (11), that
4-20 operates an airport that serves commercial air carriers;
4-21 (13) municipal park and recreational patrolmen and
4-22 security officers;
4-23 (14) security officers commissioned as peace officers
4-24 by the comptroller;
4-25 (15) officers commissioned by a water control and
4-26 improvement district under Section 49.216, Water Code;
4-27 (16) officers commissioned by a board of trustees
5-1 under Chapter 54, Transportation Code [341, Acts of the 57th
5-2 Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
5-3 Civil Statutes)];
5-4 (17) investigators commissioned by the Texas State
5-5 Board of Medical Examiners;
5-6 (18) officers commissioned by the board of managers of
5-7 the Dallas County Hospital District, the Tarrant County Hospital
5-8 District, or the Bexar County Hospital District under Section
5-9 281.057, Health and Safety Code;
5-10 (19) county park rangers commissioned under Subchapter
5-11 E, Chapter 351, Local Government Code;
5-12 (20) investigators employed by the Texas Racing
5-13 Commission;
5-14 (21) officers commissioned under Chapter 554,
5-15 Occupations Code [by the State Board of Pharmacy];
5-16 (22) officers commissioned by the governing body of a
5-17 metropolitan rapid transit authority under Section 451.108,
5-18 Transportation Code, or by a regional transportation authority
5-19 under Section 452.110, Transportation Code;
5-20 (23) investigators commissioned by the attorney
5-21 general under Section 402.009, Government Code;
5-22 (24) security officers and investigators commissioned
5-23 as peace officers under Chapter 466, Government Code;
5-24 (25) an officer employed by the Texas Department of
5-25 Health under Section 431.2471, Health and Safety Code;
5-26 (26) officers appointed by an appellate court under
5-27 Subchapter F, Chapter 53, Government Code;
6-1 (27) officers commissioned by the state fire marshal
6-2 under Chapter 417, Government Code;
6-3 (28) an investigator commissioned by the commissioner
6-4 of insurance under Article 1.10D, Insurance Code;
6-5 (29) apprehension specialists commissioned by the
6-6 Texas Youth Commission as officers under Section 61.0931, Human
6-7 Resources Code; [and]
6-8 (30) officers appointed by the executive director of
6-9 the Texas Department of Criminal Justice under Section 493.019,
6-10 Government Code; [.]
6-11 (31) [(30)] investigators commissioned by the
6-12 Commission on Law Enforcement Officer Standards and Education under
6-13 Section 415.016, Government Code; and [.]
6-14 (32) commission [(30) board] investigators
6-15 commissioned by the Texas Commission on Private Security under
6-16 Section 1702.061(f), Occupations Code, [10(f), Private
6-17 Investigators and Private Security Agencies Act (Article
6-18 4413(29bb), Vernon's Texas Civil Statutes)].
6-19 SECTION 4. This Act takes effect immediately if it receives a
6-20 vote of two-thirds of all the members elected to each house, as
6-21 provided by Section 39, Article III, Texas Constitution. If this
6-22 Act does not receive the vote necessary for immediate effect, this
6-23 Act takes effect September 1, 2001.